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Friday, February 13, 2009

Filing for Bankruptcy: Some Important Things That You Should Know

By Michael Geoffrey

Often quite extensive, filing for bankruptcy is very rarely any sort of easy process. In fact, many people handling foreclosure proceedings run into some serious problems when they begin working on their claim. Even though it is true that a person who chooses to file for bankruptcy will be able to receive some legal protection, that does not mean that it is any less important to learn as much as is possible regarding the in depth process of filing for bankruptcy.

Remember that bankruptcy should only be turned to as an absolute last option. This is because bankruptcy will affect your credit in a seriously bad way for up to ten years.

Different Types of Bankruptcy

If you have come to the conclusion that you will have to file for bankruptcy, you will need to determine which of two types of bankruptcy to file under. Which you choose will affect how you file as well as what happens as a result of your filing.

Most individuals who claim bankruptcy choose to do so under chapter 7 bankruptcy. Some people who would like to file under chapter 7 are not able to due to BAPCPA. This forces some people to file under chapter 13 bankruptcy whether they like it or not.

It is also important to do thorough investigation on the various aspects of bankruptcy if you are seriously contemplating filing. Even though it might not be the most appealing choice, hiring a legal professional to assist you in the bankruptcy process may help you handle things in the best possible way. You should also investigate which lawyer or law firm you want to work with before making a choice.

Once you have a lawyer or attorney in mind, you will next realize that in order to properly go about learning how to file bankruptcy, you should consult with your lawyer about your case and find out the best chapter under which to file bankruptcy. And, you should learn about what it is going to cost you to file bankruptcy and fees for different chapters will vary and so too will attorneys fees for which you should consider paying a flat fee rather than paying the lawyer according to the amount of debt you owe.

Once you have spoken with your lawyer, make sure that all of your creditors understand that you have hired legal counsel and that their calls and questions should be directed to your attorney. This will prevent any creditors from getting in touch with you regarding debt after you file for bankruptcy.

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